Peregrine Consultant (Australia) Pty Ltd (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (the Tribunal) regarding the refusal of a nomination for a position under the Direct Entry stream of the *Migration Regulations 1994* (Cth). The applicant, Peregrine Consultant (Australia) Pty Ltd, sought approval for a nominated position of Chief Executive or Managing Director. The original decision to refuse the nomination was made by a delegate, and the Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the *Migration Regulations 1994*. Specifically, the Tribunal had to determine if the applicant had satisfied regulation 5.19(4)(a)(ii), which requires the application to identify a need for the nominator to employ a paid employee to work in the nominated position under their direct control. The Tribunal also considered whether the applicant had provided sufficient current information to satisfy the criteria at the time of the decision.

The Tribunal reasoned that the applicant had failed to provide a response to a letter dated 17 March 2021, which invited the applicant to submit updated and current information regarding all relevant requirements under regulation 5.19. As no response was received, the Tribunal was unable to be satisfied that the applicant had identified a genuine need for the nominated position, nor that all other criteria under regulation 5.19(4) were met at the time of the decision. The Tribunal applied the principle that all requirements of the regulation must be satisfied for a nomination to be approved.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The Tribunal found that the applicant had not met the requirements of regulation 5.19(4), and had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3). Therefore, the nomination could not be approved.